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South Carolina Revocation of Statutory Equivalent of Living Will or...

North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Name: North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration
Brand: US Legal Forms
Rating: 4.75 (443 reviews)

Category:

Power of Attorney - Healthcare - Revocations

State:

South Carolina

City:

North Charleston

Control #:

SC-P024B

Format:

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Description

This is a revocation of Form SC-P024 which provides a person's wishes and desires regarding whether or not his/her life is prolonged by artificial means. Specific reference is made to the earlier executed Declaration.

Title: North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration Introduction: In North Charleston, South Carolina, individuals have the right to create a living will or declaration to outline their medical wishes in the event they become incapacitated. However, circumstances and priorities may change over time, prompting individuals to revoke or update their existing living will or declaration. This article will provide a detailed description of the process involved in revoking the statutory equivalent of a living will or declaration in North Charleston, South Carolina. Additionally, it will include information about different types of revocations to better cater to specific needs. Keywords: North Charleston South Carolina, statutory equivalent, living will, declaration, revocation, process, individuals, incapacitated, update, different types 1. Understanding the North Charleston South Carolina Revocation of Statutory Equivalent: In North Charleston, South Carolina, the revocation of a statutory equivalent of a living will or declaration refers to the legal process of canceling or rescinding a previously executed living will document. This revocation ensures that the individual's current wishes are accurately reflected and followed in medical decision-making. 2. Process of Revocation: To initiate the revocation process, individuals must follow specific steps outlined by the North Charleston South Carolina laws. The process may involve the following: — Reviewing the existing living will or declaration: Understand the contents and provisions of the current document. — Determine the changes needed: Identify the specific modifications, revocations, or additions to be made. — Consult an attorney: Seek guidance from a legal professional well-versed in North Charleston South Carolina law to ensure compliance with all requirements. — Draft a Revocation of Statutory Equivalent: Prepare a new legal document specifically revoking the previous living will or declaration. — Signing and witnessing: Execute the Revocation of Statutory Equivalent in the presence of witnesses as required by state law. — Distributing the Revocation document: Provide copies of the revocation to relevant parties, including healthcare providers, hospitals, and family members. 3. Types of Revocations: In North Charleston, South Carolina, individuals may encounter various situations requiring different types of revocations: — Full Revocation: Completely cancels the entire living will or declaration, revoking all previously stated preferences and instructions. — Partial Revocation: Allows individuals to revoke specific provisions or preferences within the living will or declaration while retaining the remaining parts. — Update or Amendment: Instead of revoking the entire document, individuals can choose to update or amend specific sections or preferences, keeping the rest of the living will or declaration intact. Conclusion: Revoking a statutory equivalent of a living will or declaration in North Charleston, South Carolina, is a crucial and legally binding process that ensures an individual's medical wishes reflect their current preferences. By following the proper steps and consulting legal professionals, individuals can make informed changes to their living wills or declarations as circumstances change, ensuring peace of mind and the accurate representation of their healthcare preferences. Keywords: North Charleston South Carolina, statutory equivalent, living will, declaration, revocation, process, individuals, incapacitated, update, different types.

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How to fill out North Charleston South Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

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The South Carolina Declaration of a Desire for a Natural Death is a legal document that allows individuals to express their wishes for end-of-life care. This allows you to refuse treatments that only prolong dying, thus affirming your right to die naturally and peacefully. Engaging in this declaration helps ensure that healthcare decisions align with your preferences. For assistance in creating or revoking such declarations, turn to resources addressing North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration.

As of now, South Carolina does not have a formal Death with Dignity Act, which allows individuals with terminal illnesses to request assistance in dying. However, discussions and legislative efforts continue around the topic of assisted dying and related rights. Understanding the implications of existing laws is essential as this area of law evolves. For help in navigating these sensitive topics, consider seeking clarity on resources related to North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration.

A declaration for a natural death, often referred to as a 'Natural Death Declaration,' is a legal document stating your wish to refuse life-sustaining treatments if you become terminally ill or incapacitated. This declaration ensures that healthcare providers understand your end-of-life preferences based on your values. Crafting such a declaration is important for ensuring your wishes are honored, and you may want to explore platforms that provide guidance on North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration.

In South Carolina, a Living Will and a Power of Attorney (POA) serve different purposes, and one does not inherently override the other. A Living Will specifically outlines your wishes regarding medical treatment in the event you are unable to communicate, while a POA designates someone to make medical or financial decisions on your behalf. It's essential to ensure that both documents align with your intentions to avoid confusion. If you need clarity on these issues, reviewing resources on North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration can be beneficial.

In South Carolina, you do not have to file a Power of Attorney (POA) document with the court for it to be valid. However, certain circumstances, such as dealing with real estate transactions, might require you to present the POA to a notary or other institutions. Ensuring that your POA is properly drafted and executed will help prevent disputes later. For further guidance, investigate platforms that offer assistance regarding North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration.

In South Carolina, wrongful death law allows family members to seek compensation when a loved one dies due to someone else's negligence. This law applies to various situations, including accidents, medical malpractice, and intentional acts. If you are considering pursuing a wrongful death claim, it is crucial to understand the specific statutes and timelines involved in your case. For help with navigating these complexities, consider resources available for the North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration.

In South Carolina, a health care power of attorney must be either notarized or signed by two witnesses. This requirement helps to confirm that your wishes regarding health care decisions are valid and respected. For those concerned about the North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration, having a properly executed health care power of attorney is crucial. USLegalForms provides a convenient solution for drafting these documents, ensuring they comply with state laws.

In South Carolina, notarization of a living will is not required. Instead, the state requires the document to be signed by two individual witnesses to make it valid. Although notarizing may not be necessary, it can provide added assurance in the context of the North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration. Consider using USLegalForms to create and manage your living will effectively.

In South Carolina, a living will does not have to be notarized to be valid; however, signing it in front of two witnesses is essential. This means you must have two individuals present during the signing, who then must also sign the document. Even though notarization is not required, having it notarized can add an extra layer of authenticity, especially when considering the North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration. Utilizing a service like USLegalForms can simplify this process and ensure your documents meet all legal requirements.

A will may be deemed invalid in South Carolina for reasons such as improper signing, lack of two witnesses, or if the testator did not have the legal capacity at the time of signing. Additionally, if a more recent will exists that contradicts the terms of the previous one, the former may become invalid. When considering the nuances of the North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration, recognizing these factors is crucial for effective estate planning.

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AMENDMENT AND REVOCATION: I can amend or revoke this power of attorney through a writing delivered to my attorneyinfact. Code of Laws of South Carolina, 1976, as amended.4-9-30(12) authorizes a county to levy uniform license taxes on businesses in the unincorporated area of the county. Provider Enrollment in the South Carolina Medicaid Program . Includes a complete compensatory mitigation plan will be approved. Molina Healthcare of South Carolina. North Carolina Division of Non-Public Education. A. Revocation of Police Officers Certificates. B. Examples of Revocation.

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Revocation of Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE SOUTH CAROLINA CODE

REVOCATION OF DECLARATION OF A DESIRE FOR A NATURAL DEATH

General Information (Â§ 44-77-20)

As used in In the South Carolina Death With Dignity Act:

A "declarant" is a person who has signed a declaration in accordance with the statutory provisions of the Act.

"Life sustaining procedures" are any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. Life sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The declarant shall indicate in the declaration whether the provision of nutrition and hydration through medically or surgically implanted tubes is to be treated as a life sustaining procedure.

A "terminal condition" is an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life sustaining procedures are not used.

"Permanent unconsciousness" is a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.

When Life Sustaining Procedures May Be Withheld (Â§ 44-77-30)

Life sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician if

a person eighteen years of age or older adopts a declaration that is substantially in the statutory form and that on its face is duly executed, witnessed, and authenticated as provided by statute or is facially in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted; and

the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in the South Carolina Code; and

the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician.

A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least ninety consecutive days, or at any time if the declarant has experienced massive destruction or atrophy of the cortex as evidenced by neurodiagnostic studies or gross inspection of the brain, or if some other characteristic of the declarant's condition allows a diagnosis of permanent unconsciousness to be made with a high degree of medical certainty.

Declaration - Execution, Witnesses (Â§ 44-77-40)

A declaration is valid:

which expresses that no life sustaining procedures be used to prolong dying if his condition is terminal or if the declarant is permanently unconscious and which states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life sustaining procedures;

which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses, one of whom may be the officer authorized to administer oaths, who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, they are not directly financially responsible for the person's medical care, they are not entitled to a portion of the estate of the declarant upon his decease under a will of the declarant then existing or as an heir by intestate succession, and they are not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or a person who has a claim against a portion of the estate of the declarant upon his decease at the time of the execution of the declaration;

which, if the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section; and

which accompanying affidavit has been subscribed by the two witnesses and sworn to by at least one of the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs. A witness to a declaration who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness.

Form (Â§ 44-77-50)

The declaration must be substantially in the statutory form.

Revocation (Â§ 44-77-80)

A declaration may be revoked:

by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant's intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician;

by a written revocation signed and dated by the declarant expressing his intent to revoke. The revocation becomes effective only upon communication to the attending physician; or

by an oral expression by the declarant of his intent to revoke the declaration.

A revocation becomes effective only upon communication to the attending physician by the declarant. However, an oral revocation made by the declarant becomes effective upon communication to the attending physician by a person other than the declarant:

if the person was present when the oral revocation was made;

if the revocation was communicated to the physician within a reasonable time;

if the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred; or

by a written, signed, and dated revocation or by an oral revocation by the declarant's designee, expressing the designee's intent to permanently or temporarily revoke the declaration.

A designee may revoke a declaration only if the declarant is incompetent to do so.

A declarant's execution of a subsequent declaration is a revocation of an earlier declaration.

Effectiveness of Declaration (Â§ 44-77-85)

The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration.

If an agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration.

Nothing in this section alters the self executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation.

This section does not apply to a declaration that has been revoked.

Reliance on Declaration (Â§ 44-77-90)

After certification of a terminal condition or a state of permanent unconsciousness, any person who relies on a declaration which on its face appears to have been executed in accordance with the statutory requirements and of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life sustaining procedures from the terminally ill or permanently unconscious patient who executed the declaration, is presumed to be acting in good faith.

A physician who in good faith certifies that a patient's condition is terminal or that the patient is permanently unconscious is not subject to liability merely on account of certification. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases in which a physician deviates from standards of reasonable medical care in connection with the decision to withhold or withdraw.

Suicide (Â§ 44-77-110)

The execution and consummation of declarations made in accordance with the statutory guidelines do not constitute suicide.

Penalties (Â§ 44-77-160)

If any person coerces or fraudulently induces another person to execute a declaration, falsifies or forges a declaration, or willfully conceals, cancels, obliterates, or destroys a revocation of a declaration, and the declarant dies as a result of the withdrawal of treatment or nontreatment in reliance on the declaration, that person is subject to prosecution in accordance with the criminal laws of South Carolina.

If any person willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without the declarant's consent or falsifies or forges a revocation of the declaration of another, that person breaches a duty owed to the declarant and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Revocation of Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE SOUTH CAROLINA CODE

REVOCATION OF DECLARATION OF A DESIRE FOR A NATURAL DEATH

General Information (Â§ 44-77-20)

As used in In the South Carolina Death With Dignity Act:

A "declarant" is a person who has signed a declaration in accordance with the statutory provisions of the Act.

When Life Sustaining Procedures May Be Withheld (Â§ 44-77-30)

Life sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician if

a person eighteen years of age or older adopts a declaration that is substantially in the statutory form and that on its face is duly executed, witnessed, and authenticated as provided by statute or is facially in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted; and

the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in the South Carolina Code; and

the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician.

Declaration - Execution, Witnesses (Â§ 44-77-40)

A declaration is valid:

which expresses that no life sustaining procedures be used to prolong dying if his condition is terminal or if the declarant is permanently unconscious and which states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life sustaining procedures;

which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses, one of whom may be the officer authorized to administer oaths, who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, they are not directly financially responsible for the person's medical care, they are not entitled to a portion of the estate of the declarant upon his decease under a will of the declarant then existing or as an heir by intestate succession, and they are not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or a person who has a claim against a portion of the estate of the declarant upon his decease at the time of the execution of the declaration;

which, if the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section; and

which accompanying affidavit has been subscribed by the two witnesses and sworn to by at least one of the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs. A witness to a declaration who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness.

Form (Â§ 44-77-50)

The declaration must be substantially in the statutory form.

Revocation (Â§ 44-77-80)

A declaration may be revoked:

by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant's intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician;

by a written revocation signed and dated by the declarant expressing his intent to revoke. The revocation becomes effective only upon communication to the attending physician; or

by an oral expression by the declarant of his intent to revoke the declaration.

if the person was present when the oral revocation was made;

if the revocation was communicated to the physician within a reasonable time;

if the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred; or

by a written, signed, and dated revocation or by an oral revocation by the declarant's designee, expressing the designee's intent to permanently or temporarily revoke the declaration.

A designee may revoke a declaration only if the declarant is incompetent to do so.

A declarant's execution of a subsequent declaration is a revocation of an earlier declaration.

Effectiveness of Declaration (Â§ 44-77-85)

This section does not apply to a declaration that has been revoked.

Reliance on Declaration (Â§ 44-77-90)

Suicide (Â§ 44-77-110)

The execution and consummation of declarations made in accordance with the statutory guidelines do not constitute suicide.

Penalties (Â§ 44-77-160)

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Description

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How to fill out North Charleston South Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

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FAQ

What is the state of South Carolina Declaration of a Desire for a Natural Death?

What is the Death with Dignity Act in South Carolina?

What is the declaration for a natural death?

Does a Living Will override a POA?

Does a POA have to be filed with the court in SC?

What is South Carolina's wrongful death law?

Does a health care power of attorney need to be notarized in South Carolina?

Does a living will need to be notarized in South Carolina?

Does a living will have to be notarized in SC?

What makes a will invalid in South Carolina?

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North Charleston South Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

How to fill out North Charleston South Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

Form popularity

FAQ

What is the state of South Carolina Declaration of a Desire for a Natural Death?

What is the Death with Dignity Act in South Carolina?

What is the declaration for a natural death?

Does a Living Will override a POA?

Does a POA have to be filed with the court in SC?

What is South Carolina's wrongful death law?

Does a health care power of attorney need to be notarized in South Carolina?

Does a living will need to be notarized in South Carolina?

Does a living will have to be notarized in SC?

What makes a will invalid in South Carolina?

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